ESA 3 form, recent CBESA migration error - Page 2 — Scope | Disability forum
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ESA 3 form, recent CBESA migration error

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Comments

  • Rosehearty
    Rosehearty Community member Posts: 13 Listener
    Thank you, will follow your advice.
  • snowdrop
    snowdrop Community member Posts: 8 Listener
    Hello Butterflies and Rosehearty. I am currently helping someone who is in the same situation as you and I was just wondering if either of you have had a decision back yet about your appeal? If so, what was the outcome?

    I am one of these claimants who was migrated from IB to CBESA Support Group and did not receive the Enhanced disability Premium from October 2012.
    The arrears were backdated to 21 October 2014.  I have appealed their decision after MR was refused.

    It was an Official Error by the DWP.  The DWP have known about the Official Error from as early as 2013.

    If anyone is interested.....
    Here is a thread on Rightsnet that has been active since February 2014 and over 100,000 views which gives you an idea of the scale of the problem!

    https://www.rightsnet.org.uk/forums/viewthread/5928/

    Post number 197 dated 25.1.2018 gives a good overview of what UT Case the DWP are using to limit the payment of arrears before the 21 October 2014!

    What should have happened in 2012.......
    An ESA3 form should have been sent to claimants at time of migration but this did not happen.
    Claimants should have been assessed at the time of IB Migration for eligibility for IRESA...this did not happen.  Hence people losing out on EDP and SDP.

    Up until recently i.e. November 2017.  Claimants were being paid arrears back to the migration date.

    The DWP are using the UT Case LH(known as the lead case) as an "Error in Law"
    to limit backdating of premiums owed to claimants to the 21 October 2014.

    Hope this is of help




    I received a letter today and my mandatory reconsideration has been refused.

  • [Deleted User]
    [Deleted User] Posts: 273 Pioneering
    It is hopeful that the Child Poverty Action Group has launched a judicial review about the failure of the DWP to pay arrears before 21/10/14,

    The following is a link to their website:
    http://www.cpag.org.uk/content/incapacity-benefit-employment-and-support-allowance-and-backdated-payments-0


    Gill_Scope
  • TeddyB22
    TeddyB22 Community member Posts: 178 Courageous
    Hi. I have been trying to figure be out if I was entitled to the EDP after I was migrated from Incap B in 2012. I phone the ESA hemline and they told me I was put into the Contributory ESA Support Group in 2014.
    I told them I had been receiving ESA for around 8 yrs. I think I was putting in sick lines and then automatically was switched to CESA. Thing is should I not have been in the IR group? I don't know how many years they pay your stamp, is it 2? Then you should be preferred in the IR group.
    I'm really confused. 
    I have an ESA3 form which the Citizens Advice will help me fill in. I'm worried they will reassess me and put me into the Work related group even though my circumstances haven't changed and they normally stop your ESA for 13 weeks while they reassess you, not to mention your Housing B stops too.
    Can someone advise me what to do?
    Sorry about the length of this post and I apologize if I have hijacked someone else's post.
  • poppy123456
    poppy123456 Community member Posts: 53,357 Disability Gamechanger
    Hi,
    Everyone that was transferred from IB was placed on Contributions based ESA. Once you're on CB you remain on it, if you're in the Support Group. The Income related is a top up and is added, if you qualify. You don't just stay on CB for 2 years and then be transferred to Income related. When claiming benefits they always pay you NI credits towards your pension.

    When you were transferred being entitled to the Income Related top up would have depended on circumstances at that time. If you lived with a partner that worked or had savings/capital or any other income then you wouldn't have been entitled to the top up. Income related top ups are means tested. Hope this helps.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • TeddyB22
    TeddyB22 Community member Posts: 178 Courageous
    Thank you for your reply. I lived on my own during this period and had no savings.
  • poppy123456
    poppy123456 Community member Posts: 53,357 Disability Gamechanger
    Then you need to fill out that form because you should have been receiving the income related top up.

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • TeddyB22
    TeddyB22 Community member Posts: 178 Courageous
    Thank you Poppy.
  • PepperPotts
    PepperPotts Community member Posts: 5 Listener
    I'm not sure if anyone will still be responding to this post, but just on the off chance...

    I too, have recieved this form this week, for the period from 2012 - now. I have been with my husband since 2014 so they have advised on the phone I put that

    I am in the support group of contribution based esa, and am worried that they will look to change me to income based esa, and then I wont qualify because of his work. Is this an actual possible outcome of this form?
  • poppy123456
    poppy123456 Community member Posts: 53,357 Disability Gamechanger
    I'm not sure if anyone will still be responding to this post, but just on the off chance...

    I too, have recieved this form this week, for the period from 2012 - now. I have been with my husband since 2014 so they have advised on the phone I put that

    I am in the support group of contribution based esa, and am worried that they will look to change me to income based esa, and then I wont qualify because of his work. Is this an actual possible outcome of this form?
    Hi,

    They are sending these forms to all those that transferred from Incapacity benefit to ESA because those that did were automatically placed onto CB ESA. It was an error made by the DWP and they didn't assess anyone for any Income Related top ups. Being entitled to any Income Related top ups on your CB ESA wil depend on your circumstances. As you stated you have a husband that works then if he works more than 24 hours per week then you won't be entitled to any Income related, you'll remain on just the CB ESA. It does state on the form that if you live with a partner that works more than 24 hours per week then there's no need to fill out the form and return it because you won't be entitled to any top ups. If your husband has worked since you've been on ESA then there will be no backdated money paid to you. Hope this helps.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • PepperPotts
    PepperPotts Community member Posts: 5 Listener
    Thank you so much for the above reply, they want me to fill it in as I've only lived with/been married to him since 2014 so they want to check up on 2012- 2014- will they just be checking this time frame and not change my current set up?


    Also- they've asked for bank statements in the form since 2012- do people get them all printed off from the bank or what? At monthly statements this will be quite the realm of paper!
  • TeddyB22
    TeddyB22 Community member Posts: 178 Courageous
    TeddyB22 said:
    Thank you for your reply. I lived on my own during this period and had no savings.
    Hi Poppy. A member of the Citizens Advice filled in the ESA3 form. Is this the right form? Will they know to backdate or do I need to tell them?
  • poppy123456
    poppy123456 Community member Posts: 53,357 Disability Gamechanger
    Thank you so much for the above reply, they want me to fill it in as I've only lived with/been married to him since 2014 so they want to check up on 2012- 2014- will they just be checking this time frame and not change my current set up?


    Also- they've asked for bank statements in the form since 2012- do people get them all printed off from the bank or what? At monthly statements this will be quite the realm of paper!
    They will just check back between those 2 dates and pay you backdated money, if they owe it. As you have a husband that works they won't be able to add the premium top ups onto your existing claim. Once you claim CB, you stay on it for as long as you remain in the Support Group.

    You will need to send the bank statements from the dates they've asked for, yes it's a lot of paper work i agree.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • poppy123456
    poppy123456 Community member Posts: 53,357 Disability Gamechanger
    TeddyB22 said:
    TeddyB22 said:
    Thank you for your reply. I lived on my own during this period and had no savings.
    Hi Poppy. A member of the Citizens Advice filled in the ESA3 form. Is this the right form? Will they know to backdate or do I need to tell them?
    It's the correct form and no you don't need to tell them any dates because the will assess your claim for the Income related top up.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • PepperPotts
    PepperPotts Community member Posts: 5 Listener
    Thank you ever so much Poppy, I really appreciate it.
    If they are only going to look from 2012 to 2014 when I moved in with my partner, I'm hoping I might only have to provide those 2 years of documents?! I'm now also worried that our accounts might have had literally JUST over the £16k combined in 2013 as we were given money/pooling money to put a depost down on a house, which was only over the course of a month or so but I can't remember if they knew and am very anxious, gah.
  • poppy123456
    poppy123456 Community member Posts: 53,357 Disability Gamechanger
    Were you living together as a couple between 2012 - 2014?
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • PepperPotts
    PepperPotts Community member Posts: 5 Listener
    No Poppy, hence I guess why they are looking at only these years and not after 2014?
  • PepperPotts
    PepperPotts Community member Posts: 5 Listener
    But the money to buy the house might actually have been when we were renting together at the end of 2014, I genuinely can't remember and will have to try and find out. Gah. Thank you so much for your input.
  • Katkins
    Katkins Community member Posts: 7 Listener
    Sorry to jump on this post but I've just recieved an ESA3 form. 
    It says from February 2012 to now.
    Called the number and the guy said it appears they have sent the form as I'm owed money. 
    I have trawled the internet and cannot find anywhere a rough idea of what I could  get.
    The man I spoke to said I should be getting 4 years back pay.
    Does anyone have a rough idea what I may get?
    Is there a minimum/maximum weekly amount I can guess from?
    I've never been owed anything. I'm reading that the average pay out is £5000.
    I don't want to get my hopes up but it's hard not to! 

    If it helps, I'm single, only ever claimed by myself, for myself. I have moved once and had a baby the July 2013 so obviously get CB and CTC but no maintenance from the father. 
    I'd be so grateful for someone to shed some light on this. 
    The internet has totally confused me! Lol! 

    Many thanks in advance x
  • poppy123456
    poppy123456 Community member Posts: 53,357 Disability Gamechanger
    Hi,

    ESA Support Group Income Related is an extra £16.40 per week, slightly less in previous years. This is for the Enhanced disability premium.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.

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